HomeMy WebLinkAboutMINUTES - 05112004 - 2004-667 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 14, 2004, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAU11;IER AIN-D GRRM.4BEaG
NOES: NONE
ABSENT: SvPE,RVISOR FEDERAL GLOVER
ABSTAIN: NONE
RESOLUTION NO. 2004/ 667
SUBJECT: Approving the Parcel Map and Subdivision Agreement for Minor Subdivision 03-
0001 S,being developed by Ted Liu, Walnut Creek area. (District 11)
The following documents were presented for Board approval this date:
I. Map
The parcel map of Minor Subdivision 03-00018, property located in the Walnut
Creek area, Supervisorial District 11, said reap having been certified by the proper
officials.
H. Subdivision Agreement
A subdivision agreement with Ted Liu,principal, whereby said principal agrees to
complete all improvements as required in said subdivision agreement within one year
from the date of said agreement. Accompanying said subdivision agreement is
security guaranteeing completion of said improvements as follows:
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors
Originator:Public Works(ES) on the date shown.
Contact: Frank Navarro(313-2264)
LS:rm
G:1GrpData\FngSvc\BO12004112-14.041Iv1S 03-00018 BO-21.doc
cc: Public Works—T.Bell,Construction ATTESTED: DECEMBER 1�+, 00�F
Cement Planning,Conn=ututy Deveiopt�nt
T—October 14,2005 JOHN SWEETEN, Clerk of the Board of Supervisors and
Ted Lin
4045 Balfour Avenue County Administrator
Oaklan4,CA 94610
Indemnity Company of California
17780 Fitch,Suite 22
Irvine,CA.92614
Attn:Daniel Livsey By "� �Deputy
RESOLUTION NO.2004/ 667
SUBJECT: Approving the Parcel Map and Subdivision Agreement for Minor Subdivision 03-
0001.8,being developed by Ted Liu, Walnut geek area. (District Il)
DATE: December 14, 2004
PACE: 2
A. Cash Bond
Performance amount: $569.00
Auditor's Deposit Permit No. 434403 Bate: November 10, 2004
Submitted by: Ted Liu
Tax ID Number: 594-24-2811
B. Surety Bond
Bond Company: Indemnity Company of California
Bond Number: 8690545 Date: October 29, 2004
Performance Amount: $56,331.00
Labor&Materials Amount: $28,450.00
Principal: Ted Liu.
III, Tax Letter
Letter from the County Tax Collector stating that there are no unpaid County taxes
heretofore levied on the property included in said map and that the 2.004-2005 tax
lien has been paid in full and the supplemental tax lien, is $0.
NOW, THEREFORE, THE FOLLOWING IS RESOLVED:
1. That said subdivision., together with the provisions for its design and
improvement,is DETERMINED to be consistent with the County's general and
specific plans.
2. That said parcel map is APPROVED and this Board does not accept or reject on
behalf of the public any of the streets, paths, or easements shown thereon as
dedicated to public use.
3. That said subdivision agreement is also APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2004/667
TO: (BOARD OF SUPERVISORS /
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR
DATE: December 14, 2004
SUBJECT: A coving the Parcel M4p and Subdivision Agreement,Minor Subdivision 03-00018
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKOIZOUNI D AND JUMFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2004/ 667 for Minor Subdivision 03-00018,approving the Parcel Map and Subdivision
Agreement,being developed by Ted Liu, Walnut Creek area. (District II)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION( ):
The Public Works Department has reviewed the conditions of approval and parcel map for Minor Subdivision 03-
00018, and all conditions have been satisfied.
CONSEQUENCES OF NEGA'T'IVE ACTION:
The parcel Map and Subdivision Agreement will not be approved.
Continued on Attachment: SIGNATURE: -
_ COMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
PROVE OTHER
SIGNATURES
ACTION OF BO ON D=hK 14,.".2004APPROVED AS RECOMMENDED XX OTHER
I hereby certify that this is a true and correct
VOTE o SUPERVISORSOUS(ABSENT copy of an action taken and entered on the
xX AYES: s NOEV minutes of the Board of Supervisors on the
AYES: NOES: p
ABSENT: ABSTAIN: date shown.
G:\GrpData\FngSvc\BO\2004\12.14-04\MS 03-00018 Order.doc �yry
Orig.Div: Public Works(E5) ATTESTED: D�, R3BER te1
t, 2004
Contact: PublFranic NavarWorks—T.Bell,4) JOHN SWEETEN, Clerk of the Board of
cc;
Public Works—T.Bell,Construction
Tarrant Planning,Community Development
T-October 14,Zoos Supervisors and County Administrator
Ted Liu
4045 Ballbur Avenue
Oakland,CA 94610
taderr7Company California
17
i 7fl0 Fitch,Suite 22
Irvine,CA 92614 Byy Deputy
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SUBDIVISION AGREEMENT
(Gov.Cods,§§56462 and 66463)
Subdivision: Effective Dater
Subdivider Completion Period:
THESE SiGtiAT1bRES ATTEST TU THE PARTIES AGREEMENT HERETO:
GC7td?RA COSTA COUNTY SUBDIVIDER
Maurice f U013
Director
. Ili
By: PrmtName
RECOMMENDED FOR APPRQVAL: Print Title
By: Print Name
En ineenng 6ary UIVIston Print Title
FORM APPROVED: Sftvarso B.Marttitesd,County Counsel 99MR90M
ures must be advsowfadgsd,i€Subdivider Ls#narrpnratad,the contracty two officers.The first signature must be that of the chairman rrf the a vie-presh3enf,Erie ssrx�ntt mature must ter that of the sscretaryMry,chief firtandai o�ioer,or assistant treasurer,{Civ.Code,§7190 and
Corps.Code§313.)
CERTIFICATE OF ACKNOWLEDGMENT
State of California
1 ss.
County of t It m e r )
On the date written below,before me,the undersigned Notary Public,personally appeared the perso*signing abovabL err e 4 t�cf +�h
#caswntnmVtor proved to me on the basis of satisfactory evidence)to be the personA whose nems{}!)Won subscribed to the within instrument and acknowledged to me that halshe:#hey
executed the same In histhsrltrredr authorized capacdty(iss),and that by hisfherNiSisir slgnature(d on the instrument the person(s),or the entity upon behalf of which the person(i)acted,
executed the Instrument.
WITNESS my hand and of#Icial sacci. C#AR,t D. DEWITT
7 b$�—/ 2r� Commission# 1461240 ._.
Dated: Public -- Callfoml
Notary Public
Alameda County
(Notary Seal) 18 ZOD7
1, PARTIES&DATE.Effective on the above dais,the County of Conire Costa,California,(hereinafter"County")and the above-mentioned Subdivider mutually promise and agree
as follows concerning this Subdivision:
2. IMPROVEMENTS.Subdivideregress to install certain mead improvements(both public and private),drainage improvements,signs,street Ilghts,fire hydrants,landscaping and
such other improvements(Including appurtenant equipment)as required In the Improvement plans for this Subdd Won as reviewed and on file with the Contra Costa County Public Works
Deparbrrent,as required by the Conditions of Approval for this Subdivision,and in conformance with the Contra Costs County Ordinance Code,including future amendments thereto
(hereinafter"Ordinance Code').
Subdivider shel complata said Improvements(hereinafter'Work")within the above completion period from date hereof,as required by the California Subdivision Map Act(Gov.
Code,§§66410 sit seq)In good workmanlike manner,In accordance with accepted c onstructloh practices and in a manner equal or superior to the requirements of the Ordinance Code
and rulings made thereunder,and whore there is a confidct among the Improvement plans,the Conditions of Approval and the Ordinance Code,the stricter requirements shat govern.
3. IEROVEMEM SECTS Upon executing this Agreeement,the Subdivider shag,putsuantto Gov.Code§66499 and the County ordinance Code,provide as security to
the County:
�, r �
A. For Performance and Guamnt.. $ , � cash,plus additional security,in the amount of$56 . ,which together total me hundred
percent(100%)of the estimated cost of the Work.Such additional security is presented In the form of:
Cash,certified check or cashier's check.
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,Subdividerguarantees performance underthis Agreement and maintenance of theWorkforone year after its completion and acceptance againstany defective
workmanship or materials or any unsatisfactory performance,
B. For Pavement: Security in the amount$ v � ,which is fifty percent(50%)of the sstdmatsd host of flee Work.Such security is presented in the
form of:
Cash,certified check,or cashier's check
Acceptable corporate surety bond. Farm Approved by County Counsel
Acceptable Irrevocable letter of credit [Rev.91031
Page 1 of 2
With this security,Subdivider guarantees payment to the contractor,to its subcontractors and to persons renting equipment or furnishing labor or materials to them or to the
Subdivider.
Upon acceptance of the Work as complete by the Board of Supervisors and upon request of Subdivider,the amounts held as security may be reduced in accordance with
Sections 94.4.406 and 94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that the Work shall be free from defects in material orworkmanship and shall perform sallsfactonly for a
period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code.Subdivider agrees to
correct,repair,or replace,at Subdivider's expense,any defects in said Work.
The guarantee period does not apply to road impravementtss for private roads that are not to be accepted into the County road system.
5. PLANT ESTABLISHMENT WORK,Subdivider agrees to perform plant estabitshmentworkfor landscaping Installed under thisAgmement.Said plant establishment work shall
consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary
to an sure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the Work as complete,
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the Improvement plans for the Work are adequate to accomplish the Work as promised in Section 2 and as squired
by the Conditions of Approval for the Subdivision. if,at any time before the Board of Supervisors accepts the Work as complete or during the one year guarantee period,said Improvement
pians prove to be inadequate in any respect,Subdivider shall make whatever changes aro necessary to accomplish the Work as promised,
7. NO WAIVER BY COUNTY. Inspection of the Work and/or materials,or approval of the Work andlor materials or statement by any officer,agent or employee of the County
indicating the Workor any part thereof compiles with the requirements of this Agreement,or acceptance of the whole or any part of said Work and/or materials,or payments therefor,or any
combination or all of these act,shall not relieve the Subdivider of Its obligation to f Nt this Agreement as prescribed;not shall the County be thereby stopped from bringing any action for
damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY. Subdividershall defend,hold harmless and Indemnify the indemnitees from the Debilities as defined in this section:
A. The indemnitees benefitted and protected by this promise are the County and its special districts,elective and appointive boards,commissions,officers,agents and
employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and
including personal injury,death,property damage,Inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable
at any time before County reviewed said Improvement plans or accepted the Work as complete,and including the defense of any suft(s),actlon(s),or other proceeding(s)concerning said
liabilities and claims,
C. The ag ons causing Nabil aro any act or omission m covered by this Agreement and attributable to
Subdivider,contractor,subcontractor,or any offcer,agent,or employee of one or mark of thein.
D. Non-Conditions.The promise and agreement in this section amnptcondippnedordependentonwhertherornqisnyffidemiiReahas prepared,supplied,orapproved
any plan(s)or specification(s)In connection with this Work or Subdivision,or has Insure"or other indemnification covering any ofth m#ttel ,or that the alleged damage resulted partly
from any negilgent or willful misconduct of any indemnitee.
9. COSTS. Subdivider shall pay,when due,all the costs of the Work,Including fiat not limitedie teloctk�as . H' Ag rIts required thereby;inspections;material
checks and tests;and othercosts incurred by County staff arising from orstated to the Work,and prrorto acceptance of tha Work as complete or expirstion of eny applicable warranty periods,
whichever is later.
10. SURVEYS. Subdivider shall set and establish survey monuments In accordance with the Mad map and to the satisfaction of the County Road Commissioner-Surveyor before
acceptance of the Work as complete by the Board of Supervisors.
It. NON-PERFORMANCE AND COSTS. if Subdivider falls to complete the Work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the
Work,County may proceed to complete andlor maintain the Work by contractorotherwise and Subdivideragmes to pay all costs and charges Incurred by County(including,but not limited
to,engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand.
Once action is taken by County to complete or maintain the Work,Subdivider agrees to pay all costs incurred by County,even if Subdivider subsequently completes the Work
Should County sue to compel performance underthis Agreement or to recoveroosts incurred in completing ormaintahing the Work,Subdivider agrees to pay all attorney's fees,
staff costs and all other expenses of litigation Incurred by County In connection therewith,even If Subdivider subsequently proceeds to complete the Work
12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the Work as complete,the Subdivision is Included in territory incorporated as a city oris annexed
to an existing city,except as provided In this paragraph,County's rights under this Agreement andior any deposit bond,or lettsrof credit securing said rights shall be transferred to the new
or annexing city.Such rdty shall have all the rights of a third party beneficiary against Subdivider,who shall WE all the terms of this Agreement as though Subdivider had contracted with
the city originally.The provisions of paragraph 8(Indemnity)shall continue to apply In favor of the Indemnitees listed in paragraph B.A.upon any such Incorporation or annexation.
13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the foal map or parcel map for said Subdivision.
14, RIGi-'T OF ENTRY. Subdivider hereby consents to entry onto the Subdivision property,and onto any ofher property overwhich Subdivider has land rights and upon which any
portion of tie Work is to be installed pursuant to the improvement plans,by County and Its forces,including contractors,for the purpose of inspection,and,in the event of non-performance
of this Agreement by Subdivider,completion and/or maintenance of the Work.
Form Approved by County Counsel
[Rev.91031
H:1F1na11PW1LW-SubAgrnt9.03.wpd
Page 2 of 2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Caii nia
SS.
County of
r
On before mM6.,_A__
pa}aNama and Tltls of Off6r(a.g.,`Jena Doe,Notary Pu6i
personally appeared
Name(s)of Signer(a)
❑personally known to me
X.proved to me on the basis of satisfactory
evidence
to be the personwhose nameare
subscribed to the withitL with' instrument and
LISA A.DALZIEL acknowledged to me t e y executed
Commission# 137711#7 the same in thl IR& thorized
.�., �" Notary Public - California > capacity{ and that by 6 �t
Contra Costa County r signaturW on the instrument the persori�Ky', or
My Comm,ExpiresSep 2a3,2a7f?5
the entity upon behalf of which the person(-5)-
acted,
ersonacted, executed the instrument.
SS my hand a offl ' l seat.
signs �®a N i�
OPTIONAL �-�-
Though the information below is not required by few,it may prove valuable to persons retying on the documalodhof could prevent
fraudulent removal and reattachment of this form to another document.
Descripti of Attached Document
Title or Type of Doc nt:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Chimed by Si r
Signer's Name:
El Individual Toa atm w Here
❑ Corporate Offi —Title(s):
❑ Partner— imited ❑General
❑ Attorney-' -Fact
❑ Trust
C Gu d!an or Conservator
E3 r:
Signer Is Representing:
0 1999 National Notary Association•9350 6a Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.nationalnotary.org Prod.No.5807 Reorder:Call Toll-Free 1-800-878-6827
COUNTY(X 1: .I KA A—UWA _
REPO"W PERAUT
OFFICE OF COUNTY AUDITOR-CONFitC
MARTINEZ,CALIFORNIA ILlEft't
TO THE'TREASURER:
RECENED FROM '
0RGANIZATION NUMBER
{kir Cash Collection Procedmu sere County Administrator's Wietin.105.}
DESCRIPTION FUN#>/C7RG A�L TASK ACTIVITY AAAtXWr
$ i
'7 t
1 i
t
ob
EXPLANATI TOTAL $ t
Dqwsit e:m ists of the follcwi iterm
CON and CURRENCY S e;
CHECKS,M.O.ETC, S---a'`o,;7�
BANK DEPOSITS $_- —
-7. -- ry•� _ - FOR AUDITOR-CONTROUIR USE ONLY
DEPOSIT
MMIT C" >c- `�. G i i /c # NUMBER ��
DATE 43440 Nou 041
ASSIGNED
The amount of mcsney described above is for Treaxurer eript of above amcwnt is approved. Receipt of above amount is hwesby
derposit inter uses County Tsssaxury acknowledged.
Tide' Deputy County Treasurer
D-34REV.(7.93)
j t1
LJ lff
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
` OFFICE OF COUNTY AUDITOR-CONTROLLER w
MARTINEZ,CALIFORNIA
`FRG�M
ORGANIZATION NLWSER t
tom)
(Fix Cash Collection Procedures we County AdmirnstraWs Bulletin 175.)
DESCRIPTION FUND/ORG SUL TASK OPTION ACTMTY AMOUNT
ACCT.
E
� # 4
t
i
i
00 /
19
t
t
s
3 1911
qi1 i
{
Pik tl�? f
J
XPLANATION: - TOTAL S f
DEPOSIT
Deposit consists of the Wlrv�itetrrs
iBANRDIEH�OWMS
CY S
S
FOR AUWOR-COhITRC+LtER USE ONL
DEPOSIT � '7
PERMIT
NUMBERDATE
,1
ASSIGNED -I Z L) l V f
The amount of money described above is for Treasurer's recer of above amount is approved. . Receiptvf7bewaamount is hereby
deposit into the County Treasury. ocknov4dged.
Signed: `
EXT - [f` . County Deputy County Treasurer
-34 REV.(7-93)
' COUNTY OF CONTRA CCtSTA
DEPOSIT PERI'
OFFICE OF COUNTY A/�LIDt1�C/!i��R-yCONTROLLER
MARTINEZ,CALFORNIAEASURER:P'x:i�FROM
ORGANIZATION NUMBER
k ice}
(For Cash Coleetion Procedures we County Adrrrnstrator's 6ulietin 105.)
DESCRIPTION FUND/ORG— SUL TASK OP ACTIVITY AMOUNT
ACCT.
$
I
t�
J t
/75
f I 7
- E
511
. Ln100.
I
� t7
1 ,� y ..� •�f �� 1 fi � -
I
i ..
1
1
i
1
f
1 ,
1
1
I"
I
I
1
1
I
EXPLANATION: TOTAL $ I
DEPOSIT E
Deposit consists of the folio wing items
COIN`oit ENCY $
CHECKS,Ma ETC. r--
BANK DEPOSITS S
FOR AUDITOR-CONTROLLER USE OW
DEPOSIT !/
PERMIT ppy b
NUMBER
DATE J 10 �!
ASSIGNED
The omount of money described a6awe is for Treasurer's receipt amount is opprovet#. Receipt of a6we amount is hereby
d"t into the County Treasury. •acimowle�p
5iW �/
1r
Title' .i EXT. DeputyGouretY C),eputy County Tnsasurer
7-3d REV.(7-93) �`
819800-0800: 61140516, $569.00, MS 030018, Cash Bond, Bright
Futures, Inc. 4045 Balfour Ave., Oakland, CA 94610
819800-0800: 61140519, $150.00, SD9007535, Cash Bond, Bruns
Properties, 239 Main St., Ste 200, Pleasanton, CA 94566
0649-9665 / 831000: 61140513, $1 .800.00, Drainage Permit 407-04, Ms.
Amber Brenzikofer Parsons, 1700 Broadway, Suite 900, Denver, CO 80290
0649-9665 / 831000: 61140515, $1,400.00, Encroachment Permit FCP 643-
04, KB Homes, 3700 Koll Center Pkwy, Suite 200, Pleasanton, CA 94566
0649-9665 / 831000: G1140516, $6.105.36, MS 03-0018 Inspection Fee
Deposit, Bright Futures, Inc. 4045 Balfour Ave., Oakland, CA 94610
0682-9752 / 819200: G1159214, $29,868.00, Sub 8712, Dougherty Valley
Rd Mtce COA, Centex Homes, 2527 Camino Ramon Ste 100, San Ramon, CA
94583
0685-9752 / 819500: 61159213, $2,465.00, Bay Point AOB, First American
Title Co., 1355 Willow.Ave., Stem100, Concord, CA 94520
0685-9752 / 819500: 61159216, $2.465.00, Bay Point AOB, First American
Title Co., 1355 Willow Ave., Stem100, Concord, CA 94520
828500-0800: 61159213, $1.446.00, ECC AOB, First American Title Co.,
1355 Willow Ave., Stem100, Concord, CA 94520
828500-0800; G1159216, $1 .446.00, ECC AOB, First American Title Co.,
1355 Willow Ave., Stem100, Concord, CA 94520
828900-0800: G1159213, $6.622.00, ECTIA AOB, First American Title Co.,
1355 Willow Ave., Stem100, Concord, CA 94520
828900-0800: G1159216, $6.622.00, ECTIA AOB, First American Title Co.,
1355 Willow Ave., Stem100, Concord, CA 94520
Subdivision.: MS03-0018
Bond No.: M9054S
Premium: $1,690
IMPROVEMENT SECURITY BOND
FOR SUBDIVISION AGREEMENT
(Performance, Guarantee and Payment)
(California Government Code §§ 66499 - 66499.10)
1. RECITALOF SUBDIVISION AGREEMENT: The developer (principal)has executed a subdivision agreement
with the County of Contra Costa to install and pay for street, drainage and other improvements in
Subdivision MS03-0018 _ , as specified in the subdivision agreement and to complete said work within
the time specified for completion in the subdivision agreement, all in accordance with State and local laws
and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said
subdivision.
2. OBLIGATION• Ted Liu, an individual as principal and
Indemnity.Company of California- T corporation organized and
existing under the laws of the State of California and authorized to transact surety
business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns to the County of Contra Costa, California to pay as follows:
A. Performance and Guarantee: fifty-six thousand, three hundred thirty-one
Dollars 56., 33 i _ )-for Contra Costa County or any city assignee under
the above County Subdivision Agreement.
twenty-eight thousand, four hundred fifty
B. Payment: Dollars
-)to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part 4 of Division IIT of the Civil Code of the State of
California.
3. CONDITION
A. The Condition of this obligation as to Section(2.A.) above is such that if the above bonded principal,
or principal's heirs, executors,administrators, successors or assigns,shall in all things stand to and
abide by and well and truly keep and perform the covenants,conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on it or its part, to be kept and
performed at the time and in the manner therein specified and in all respects according to their true
intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city
assignee) its officers, agents and employees,as therein stipulated,then this obligation shall become
null and void.; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there
shall be included reasonable costs, expenses and fees, including reasonable attorney's fees,incurred
by the County of Contra Costa(or city assignee) in successfully enforcing such obligation, all to be
taxed as costs and included in any judgement rendered.
B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the
undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all
contractors, subcontractors, laborers,material men and other persons employed in the performance
of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials
furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with
respect to such work or labor and that said surety will pay the same in an amount not exceeding the
amount herein above set forth and also, incase suit is brought upon this bond, will pay, in addition
to the fact amount thereof,reasonable costs, expenses and fees, including reasonable attorney's fees,
incurred by the County of Contra Costa(or city assignee) in successfully enforcing such obligation,
to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement
therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons, companies and corporations entitled to file claims under Title 15(commencing with Section
3082)of Part 4 of Division 3 of the Civ l'Code,'so-'as"to give's right of action to there or their assigns
in any suit brought upon this bond.
Should the work under conditions of this bond be fully performed,then this obligation shall become
null and void; otherwise it shall be and remain,in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by
the principal and the County of Contra Costa(or city assignee) shall relieve the surety from liability
on this bond; and consent is hereby given to make such alteration without further notice to or consent
by the surety; and the surety hereby waives the provisions of California Civil Code Section 2819 and
holds itself bound without regard to and independently of any action against the principal whenever
taken.
SIGNED AND SEALED on Qetober 2�th, 2004
i
PRINCIPAL:INCIPAL:
Ted Liu, an 'individual Indemnity Company of California.
- � SURETY:
4045Bal€our Avenue 17780 Fitch, Suite #200
Address: Address:
City: OaklandZi 94610 Ci 4ine dip. 92614
By: t -...� By: _
Print Name: Ted Liu Print Name: i L v ey
Title: Title: Attorney-in-Fact
JD:mW:{ap
GAGrpDala\EngSvc\Porms\BN WORMBN-12.doc
Rev.November 28,2000
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE,CA 92623 (949)26,1-3300
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint:
*** Robin S. Westfall, Gregory M. Pribyl, Daniel Livsey, Stephen G. Roddie, jointly or severally***
as their true and lawful Attorney(s)-in-Fact.to make,execute,deliver and acknowledge.for and on behalf'ot'said corporations.is sureties,bonds,undertakings
and contract,of suretyship giving and granting unto said Atiorney(s)-in-Fact full power and authority to do and to perform every acct necessary,requisite or pr0per
to be done in connection therewith as each of said corporations could do,but reserving t0 each of said corporations full power of substitution and revocation,and
till of the acts of said Attorncy(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation bc,and than each of them hereby is,authorized to
execute Powers of Attorney.qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds.undertakings and contracts
of suretyship:and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,-authorized to attest the execution of any such
Power of Attorney:
RESOLVED,f URTI IER,that the signatures of such officers may be affixed to tiny such Power of Attorney or to ally certificate relating thereto by
facsimile,and any such Power of Attorney or certificate hearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and ill
the future with respect to,lily bond,undertaking or contract of suretyship to which it is atttclhcd.
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this i st day of October,2003.
,ipl 011it fl,t
David H.Rhodes.Executive Vice-President "�Q 6''• CsO p,pOp C,
r�a`y. 44uP flRq�,'•.,'ij''' �:�. C tO "9 J, .t,
OCT. i t e OCT.5'tu 10 19V
"
1936
By: Allflu—
Walter A.Crowell,Secretary
tttilet111iii iti"
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On October 1,2003,before nhe,Diane J. Kawati,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me for proved to
me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities,and that by their signatures oil the instrument the entity upon behalf of which the Persons acted,executed the instrument.
WITNESS my hand and official seal. Ya ---
DIANE J.
COMM.k 7334746 t
Notary Public - Caiifomie K
S@My
ORANGE COUNTY _
Si mature Comm.Expires JAN.8,20
b
CERTIFICATE
The undersigned,as Senior Vice-President.Underwriting of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA.does hereby certify that the foregoing Power of Attorney rem Dins in full force and has not been revoked,and furthermore,that the provisions
of the resolutions of the respective Boards of Directors of said corporations set firth in the Power of Attorney,ire in force as of the date of this Certificate.
This C'ertifictic is exccatcd iib the City of Irvine,Calif2nritia,tlhc 29 thday of October 2004
LD
f3 CILY
Wesley W.Cowbng enior Vice-President,Underwri 911
ID-13R0(Rev. 10103)
STATE OF California
SS.
COUNTY OF Contra Costa
On October 29 2004 before me, Rita A.Blsaha
PERSONALLY APPEARED Daniel Livsey — -
1
personally known to me ¢
to be the person(sj-whose name(.a)'is/aye--
subscribed to the within instrument and acknowledged to
me that he/sirey executed the same in his/h$ teir- My -6 — J.
authorized capacity{ies� and that by his/h��signature:(4 MITA A. BISAWA
Commission# 1368065
on the instrument the person(ea, or the entity upon behalf E
ia
of which the persona Notary Public - Cailforn
acted, executed the instrument. Z '°� Contra Costa CoUnty
My Comm.Expires AUg 5.2006
WITNESS my hand and official seal.
Signature This area for Official Notarial Seal
Notary Public
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNED IS REPRESENTING:
NAME OF PERSON(S)OR ENMY(IES)
Indemnity Company of California SIGNER(S)OTHER THAN NAMED ABOVE
ID-1232(REV.9/00) ALL-PURPOSE ACKNOWLEDGEMENT
V0115,AFTER12Y3112004 9/27104 OWNER $27 03-0018
Tax Collector's Office William J. Pollacek
625 Court Street Contra County Treasurer-Tax Collector
Finance Building,Room 900
P.O. Box 631Russell V.Watts
Martinez,Callfornia 94553- Costa
a Chief Deputy Treasurer-Tax Collector
0063
(925)646.4122 County Joslyn Mitchell
(925)646-4135 FAX Tax Operations Supervisor
Date: 9/27/2004
IF THIS TRACT 1S NOT FILED BY DECEMBER 31, 2004, THIS LETTER IS VOID
This will certify that I have examined the map of the proposed subdivision entitled:
Tract f MS# City T.R.A.
03-0018 WALNUT CREEK 98002
Parcel#: 186-360-011-0
and have determined from the official tax records that there are no unpaid County taxes heretofore
levied on the property included in the map.
The 2004-2005 tax lien has been paid in full.
Our estimate of the supplemental tax lien is $0.00
This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal
to calculate a segregation is
Subdivision bond must be presented to the County Tax Collector for review and approval of
adequacy of security prior to filing with the Clerk of the Board of Supervisors.
WILLIA J. POLLACEK,
Treasur r Tax Colle
By: